Dy. CIT v. Jammu and Kashmir Power Development Corporation Ltd. (2025) 125 ITR 556 / 177 taxmann.com 530 (Amritsar)(Trib.)

S. 115JB: Company- Book profit-Corporate Social Responsibility expenditure-Provision made in accordance with Companies Act-Not liable to be added back while computing book profit.[S. 37(1), 115JB, Expln. 1]

The Assessing Officer added back the provision for Corporate Social Responsibility (CSR) expenditure while computing book profits under section 115JB by relying upon CBDT Circular No. 1 of 2015. The Tribunal held that the Circular dealt only with allowability of CSR expenditure under section 37(1) and had no application to computation of book profits under section 115JB. Since the accounts were prepared in accordance with the Companies Act, 2013 and the CSR provision was not covered by any of the adjustments specified in Explanation 1 to section 115JB, the Assessing Officer had no jurisdiction to recompute the book profits. The deletion of the addition was upheld. (AY. 2016-17 to 2018-19).

Leave a Reply

Your email address will not be published. Required fields are marked *

*